If you are considering suing your employer for emotional distress in Kentucky, you are not alone. Emotional distress claims are becoming increasingly relevant in today’s legal landscape, as individuals seek compensation for psychological harm caused by employers. This guide will help you understand the legal processes involved, the factors that influence the compensation amount, and key steps you need to take to secure a successful claim.
The employment lawyers at Abney Law understand how emotional distress can affect you. Schedule a consultation today so that we can begin to help.
Understanding Emotional Distress Claims in Kentucky
Emotional distress refers to mental suffering caused by another party’s negligent or intentional actions. There are two primary types of emotional distress claims:
- Negligent Infliction of Emotional Distress (NIED): This involves harm caused by an employer’s carelessness. For example, failure by your employer to address severe workplace bullying could lead to this type of claim.
- Intentional Infliction of Emotional Distress (IIED): This pertains to cases where the employer’s actions were deliberate and outrageous. Situations such as severe harassment or wrongful termination could fall into this category.
Factors Influencing What Compensation You Receive
There are multiple factors that could determine how much compensation you are entitled to in a workplace harassment lawsuit:
- Severity of Distress: Courts assess the severity of the mental suffering experienced. More severe cases, such as those leading to long-term mental health issues like post-traumatic stress disorder (PTSD) or severe anxiety, generally warrant higher compensation.
- Duration of Distress: The period over which the emotional distress occurred plays a crucial role. Long-term distress typically results in higher compensation amounts.
- Physical Symptoms: While emotional distress itself is not physical, the manifestation of physical symptoms due to psychological harm, such as insomnia, headaches, or even aggravation of pre-existing conditions, strengthens the claim and can lead to increased compensation.
- Employer’s Conduct: The nature of the employer’s behavior—be it negligent or intentional—and the extremity of their actions are critical factors. Outrageous and reckless conduct calls for more substantial compensation.
Determining the amount of compensation to which you are entitled is complicated, and best handled by consulting an experienced Kentucky worker’s rights attorney.
Compensation Amounts in Kentucky
While it is challenging to predict exact compensation amounts without specific case details, lawsuits for emotional distress in Kentucky can result in awards ranging from thousands to even hundreds of thousands of dollars. Here are a few key points:
- Average Settlements: Typical emotional distress cases might see settlements in the tens of thousands. Claims involving particularly egregious employer conduct and severe psychological impact could result in more substantial amounts.
- High-End Cases: Exceptional cases with enduring trauma and extreme misconduct might lead to compensation above $100,000.
Proving Emotional Distress in Kentucky
To win your case, it is essential to provide comprehensive evidence demonstrating the link between your employer’s actions and your emotional distress.
- Medical Documentation: Keep medical records showing diagnoses of mental health issues—such as anxiety, depression, or PTSD—directly related to the employer’s actions. Records of consultations with mental health professionals provide evidentiary support for your claim.
- Testimonies: Gather testimonies from therapists, coworkers, and close acquaintances who can corroborate your experience and the impact on your daily life.
- Personal Records: Personal diaries or affidavits describing the incidents and their repercussions can provide additional insights into the extent of your distress.
Consult an Experienced Kentucky Emotional Distress Attorney
Navigating an emotional distress claim can be complex. Hiring an experienced Kentucky employment law attorney knowledgeable in emotional distress cases is crucial.
Let the dedicated employment law attorneys at Abney Law review your case. Contact us today for a consultation.